Common use of Ordinary Fees and Expenses Clause in Contracts

Ordinary Fees and Expenses. As partial consideration for receipt of the Sponsor fee, the Sponsor shall assume and pay all fees and other expenses incurred by the Trust in the ordinary course of its affairs, excluding taxes, but including (i) fees to the Sub-Adviser; (ii) the Marketing Fee, (iii) the Administrator Fee, if any, (iv) the Bitcoin Custodian Fee, (v) the Transfer Agent Fee, (vi) the Trustee fee, (vii) the fees and expenses relat-ed to any future listing, trading or quotation of the Shares on any listing ex-change or quotation system (including legal, marketing and audit fees and ex-penses), (viii) ordinary course legal fees and expenses that are not litigation-related, up to $100,000 per annum,(ix) audit fees, (x) regulatory fees, including if applicable any fees relating to the registration of the Shares under the Securities Act or Exchange Act, (xi) printing and mailing costs; (xii) costs of maintaining the Trust’s website and (xiii) applicable license fees (each, a “Sponsor-paid Expense” and together, the “Sponsor-paid Expenses”), provided that any expense that qualifies as an Additional Trust Expense will be deemed to be an Additional Trust Expense and not a Sponsor-paid Expense. In the Sponsor’s sole discretion, all or any portion of a Sponsor-paid Expense may be redesignated as an Addi-tional Trust Expense.

Ordinary Fees and Expenses. As partial consideration for receipt of the Sponsor fee, the Sponsor shall assume and pay all fees and other expenses incurred by the Trust in the ordinary course of its affairs, excluding taxes, but including (i) fees to the Sub-Adviser; (ii) the Marketing Fee, (iiiii) the Administrator Fee, if any, (iviii) the Bitcoin Ether Custodian Fee, (viv) the Transfer Agent Fee, (viv) the Trustee fee, (viivi) the fees and expenses relat-ed related to any future listing, trading or quotation of the Shares on any listing ex-change or quotation system (including legal, marketing and audit fees and ex-pensesexpenses), (viiivii) ordinary course legal fees and expenses that are not litigation-related, up to $100,000 per annum,(ixannum,(viii) audit fees, (xix) regulatory fees, including if applicable any fees relating to the registration of the Shares under the Securities Act or Exchange Act, (xix) printing and mailing costs; (xiixi) costs of maintaining the Trust’s website and (xiiixii) applicable license fees (each, a “Sponsor-paid Expense” and together, the “Sponsor-paid Expenses”), provided that any expense that qualifies as an Additional Trust Expense will be deemed to be an Additional Trust Expense and not a Sponsor-paid Expense. In the Sponsor’s sole discretion, all or any portion of a Sponsor-paid Expense may be redesignated as an Addi-tional Trust Expense.